(a) In each county having three or more magistrates the judge
of the circuit court or the chief judge of the circuit court, if
there is more than one judge of the circuit court, shall appoint a
magistrate court clerk. In all other counties the judge may
appoint a magistrate court clerk or may by rule require the duties
of the magistrate court clerk to be performed by the clerk of the
circuit court, in which event the circuit court clerk is entitled
to additional compensation in the amount of $2,500 per year. The
magistrate court clerk serves at the will and pleasure of the
circuit judge.

(b) Magistrate court clerks shall be paid a monthly salary by
the state. Magistrate court clerks serving magistrates who serve
less than seven thousand three hundred in population shall be paid
up to $39,552 per year and magistrate court clerks serving
magistrates who serve seven thousand three hundred or more in
population shall be paid up to $44,712 per year: Provided,That
after the effective date of this section, any general salary
increase granted to all state employees, whose salaries are not set
by statute, expressed as a percentage increase or an
across-the-board increase, may also be granted to magistrate court
clerks. For the purpose of determining the population served by
each magistrate, the number of magistrates authorized for each
county shall be divided into the population of each county. The salary of the magistrate court clerk shall be established by the
judge of the circuit court, or the chief judge of the circuit court
if there is more than one judge of the circuit court, within the
limits set forth in this section.

(c) In addition to other duties that may be imposed by the
provisions of this chapter or by the rules of the Supreme Court of
Appeals or the judge of the circuit court or the chief judge of the
circuit court if there is more than one judge of the circuit court,
it is the duty of the magistrate court clerk to establish and
maintain appropriate dockets and records in a centralized system
for the magistrate court, to assist in the preparation of the
reports required of the court and to carry out on behalf of the
magistrates or chief magistrate if a chief magistrate is appointed,
the administrative duties of the court.

(d) The magistrate court clerk, or if there is no magistrate
court clerk in the county, the clerk of the circuit court, may
issue all manner of civil process and require the enforcement of
subpoenas and subpoenas duces tecum in magistrate court.

(e) Notwithstanding any provision of this code to the
contrary, the amendments made to this section during the 2013 First
Extraordinary Session are effective upon passage and are
retroactive to January 1, 2013.

(f) Beginning January 1, 2017, the annual salary of all
magistrate court clerks is $44,720. After the effective date of
this section, a general salary increase granted to state employees, whose salaries are not set by statute, expressed as a percentage
increase or an across-the-board increase, may also be granted to
magistrate court clerks.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.